Rudd v. The Lake County Electoral Board

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2016 IL App (2d) 160649
Decision Date: 
Wednesday, August 31, 2016
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON

County Electoral Board found that Plaintiff, the incumbent county coroner, was ineligible to seek office as independent candidate for county coroner in current election cycle. Plaintiff did not contest an objection to his nominating papers, but withdrew from Democratic March 2016 primary for coroner. Under Section 7-43 of Election Code, Plaintiff is disqualified as independent candidate, because he filed statement of candidacy for a partisan office in the same current general election cycle. Section 7-43 does not violate equal protection or rights to freedom of speech and of association as applied to Plaintiff. (BIRKETT and SPENCE, concurring.)